Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-dsjbd Total loading time: 0 Render date: 2024-11-26T02:04:48.291Z Has data issue: false hasContentIssue false

10 - The Constitution in the Shadow of the Immigration State

from Part II - Border Crossings: Comity and Mobility

Published online by Cambridge University Press:  17 January 2020

Jacco Bomhoff
Affiliation:
London School of Economics and Political Science
David Dyzenhaus
Affiliation:
University of Toronto
Thomas Poole
Affiliation:
London School of Economics and Political Science
Get access

Summary

Asha Kaushal takes as her subjects the relationships between immigration law and constitutional law, and between external and internal sovereignty. Kaushal focuses in particular on the importance of immigration to the constitution of ‘the people’. As she writes: ‘Immigration is both an external objective of the constitutional order and a modifier of that order’. Her chapter approaches these connections between outward projection and inward constitution by way of a conceptual and historical exploration of the relationship between citizenship and constituent power. These concepts, it turns out, surprisingly, are not often discussed in the same frame. Kaushal details what she calls the ‘division of labour between immigration law and constitutional law’ and the foundational role of the internal/external distinction in that division, through a rich historical overview ranging from Emer de Vattel’s public international law to modern Canadian judicial decisions on the Charter’s demands in the context of immigration law.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×